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Home My WebLink About2006-05-09-9:00AM-REGULAR1 BR;~OS COUNTY BRYAN TEXAS ,;y.-Ly NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 9 MAY 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM --OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26' STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance -Commissioner Cauley 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -16: 3. Budget Amendment 05/06-31.1 thru 05/06-31.6. 4. Reclassification of the Receptionist position in the Cooperative Extensions office as follows: from Receptionist, Group 7, Step 3 (part-time) to Administrative Secretary, Group 11, Step 5 (part-time) 5. Personnel Change of Status. 6. Payment of Claims. 7. Proclamation 06-007 establishing 21-27 May 2006 as Hurricane Awareness Week in Texas. 8. Resolution 06-008 authorizing the Community Supervision and Corrections Department to apply for a Drug Court grant through the Drug Court Grant Program, Criminal Justice Division of the Office of the Governor. 9. Appeal from a County employee for reinstatement of leave time not accrued while on FMLA leave. Office of the County Judge . 300 East 20' St.4q Suite 114 Bryan, Texas 77803 . Fax: (979) 361-0503 Commissioners Court Agenda 9 May 20% Page 2 10. Tax Refund Applications for the following: a. Bradford R. & Deanna L. McFariin U b. Preston A. Gott c. Marilyn Dickey 11. Commissioners Court minutes for the following 2006 dates: a. 7 February 2006 Regular Meeting b. 14 February 2006 Regular Meeting c. 17 February 2006 Workshop Meeting d. 21 February 2006 Regular Meeting e. 28 February 2006 Workshop Session f. 28 February 2006 Regular Meeting 12. Renewal of Bid 2005-025R, Inmate Telephone Contract, with new bid number 2006- 031R. 13. Job description for the Coliseum Complex Director. This position will operate and maintain the Exposition Center Complex and Brazos Center. 14. Request from Wickson Creek Special Utility District to construct a road bore in the right of way of Old Reliance Road approximately 300 ft. east of its intersection with Carrabba Road for water line installation. Site is located in Precinct 2. 15. Permission to enter Patricia Torres' property located off C6 Ranch Road for the purpose of constructing a drainage channel to drain water from county road (C6 Ranch Road) for the health, safety and welfare of the general public. Site is located in Precinct 2. 16. Payment authorization from the Brazos Center to TRW Modernfold in the amount of $450.00 for repairs to the panel door between assembly rooms 2 and 3. A purchase order was not obtained in advance 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING MAY 9, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, May 9, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The Reverend G. H. Jones gave the invocation and Commissioner Cauley led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-31.1 through 31.6 that would reallocate funds for the 272 ad District Court, Constable, Precinct 2, and Information Technology Department; transfer funds to R&B Contingency from Reserve for Contingency; and adjust the Law Enforcement Officers Standards and Education (LEOSE)Fund and Special Forfeiture Fund. On motion by Commissioner Cauley, seconded by Commissioner Vol 8D Page 3 Commissioners Court meeting May 9, 2006 2 Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was the reclassification of the receptionist position in the Texas Cooperative Extension Service Department. The request is to change the position from Group 7, Step 3 to Group 11, Step 5. This would not be an increase to the departmental budget. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7019000 through 7019225 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #06-007 designating the week of May 21 through 27, 2006 as "Hurricane Awareness Week". The Court urges all citizens of this county Vol ~ 0 Page q Commissioners Court meeting May 9, 2006 3 to participate in hurricane preparedness activities and to pay close attention to watch and warning signs. On motion by Commissioner Cauley, seconded by Commissioner Peters the Court moved to proclaim the week of May 21 through 27, 2006 as "Hurricane Awareness Week" throughout Brazos County. The County Judge then presented the signed Proclamation to Chuck Frazier, Emergency Management Coordinator and he discussed the three (3) day state drill on hurricanes. The season begins June 1, 2006. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to adopt Resolution #06-008 authorizing the County Judge to make application to the Office of the Governor, Criminal Justice Division, for grant funds for the Brazos County Drug Court and to authorize the County Judge to accept such grant funds should they be tendered. The next matter before the Court was a request submitted by an employee for reimbursement of sick leave. The employee stated that there was no policy in place denying accrual of sick while an employee is on FMLA when she had her baby in 2005. Commissioner Mallard questioned why Human Resources failed to research how many employees had been affected by this so that the Court could handle all the requests at one Vol So Page Commissioners Court meeting May 9, 2006 4 time. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request for reimbursement of sick leave. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Bradford R. & Deanna L. McFarling, Over Payment $27.00 b) Preston Gott, Over Payment $14.00 c) Marilyn Dickey, Over Payment $34.62 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the minutes of the Commissioners' Court meetings held in February 2006 on the following dates: Regular Meetings - 7th, 14th, 21st, 28th, Workshop Meeting - 17th, 28th On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was the renewal of Bid 2005-025R, Inmate Telephone Contract. Evercom proposes renewing utilizing the same terms in the existing agreement and increasing the existing commission rate from fifty-two Vol $0 Page (v Commissioners Court meeting May 9, 2006 5 percent (520) to fifty four percent (590) upon renewal. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the renewal of RFP 2005-025R. The Court next considered the job description of the Coliseum Complex Director. This position is to operate and maintain the Exposition Center Complex and the Brazos Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the job description. A copy is attached. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right-of-way of Old Reliance Road approximately 300 feet east of its intersection with Carrabba Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the Vol 9 d Page Commissioners Court meeting May 9, 2006 6 general public. The Road and Bridge Department requested permission to enter the private property of Patricia Torres on C6 Ranch Road in Precinct 2 to construct a drainage channel to provide better drainage from the county road. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered a payment authorization to TRW Modernfold in the amount of $450.00 issued by the Brazos Center. This was for the emergency repair on a panel door. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said that the Rotary Club will present the Newman 10 Awards on June 14th at the Hilton Hotel. He asked the Commissioners if they are interested in getting a table together. Commissioner Cauley a) Said that the Center for Community health Development will meet May 16, 2006 to make assessments of health needs for the Brazos Valley that includes all seven (7) counties within the region. This will be done at the School of Rural Health Care at Texas A&M University. Eric Caldwell, Director of the Information Technology Department Vol g0 Page $ Commissioners Court meeting May 9, 2006 a) Said that Tyler Technologies will conduct an Expo on Odessy in Frisco, Texas. This is the next TSG. He encouraged the Commissioners to attend. Commissioner Cauley a) Judge Langley has called a meeting of the Criminal Justice Steering Committee on May 15, 2006 to discuss expunctions and putting documents images on the internet. Sheriff Chris Kirk a) Informed the Court that the ground breaking ceremony of the new Administration Building will be held, Tuesday, May 23, 2006 at 2:00 p.m. There was no citizen input and/or concerns. 7 There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol gb Page 7 The foregoing minutes of the Commissioners Court meeting held May 9, 2006 have been examined and are approved in open Court this the day of !1-' , 2006, in Bryan, Brazos Q~-t Duane Peters Commissioner, Precinct 2 L Carey C 1 Jr. Commiss over, Prec n t 4 Attest: G a en McQueen County Clerk Lloyd assermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol 9 Page / a BRAZOS COUNTY COMMISSIONERS COURT DAY OF 20 AT Name Organization 5r- 24 6 AM c s C=i~ 41 A) 0,4 i-e /L,/ e-c / a BRAZOS COUNTY COMMISSIONERS COURT q DAY OF , 20 AT 1 "oz) Name c AE_ 41kh- Organbzation 03 C ~-cj S Cj C~ /d-z"W-c-~,_f S BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-31.1 thru 05/06-31.6 On this the 9'h day of May 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 9 May 2006 the Court heard and approved a budget amendment for the 2005- 2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 9ht day of May 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Copies: County Auditor County Treasurer Commissioners' Court Minutes L_ F x_13 Original: County Clerk's Office and attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 31.1 cmlln"K BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05!06 - 31.2 5/9/2006 FD DIV /CR ACCOUNT NAME Increase Decrease 0100 56001000 6R R&B Contingency 627,163.00 0100 Reserve for Contin enc 627,163.00 Road &BTo increase the Road and Bridge contin enc b the amount of funds budgeted for the FYE 9/30/05 over the amount actually used c4 5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 31.3 voi1nn"; FD 180 180 1800 1800 1800 1800 1800 1800 1800 DIV 0 3000010 0 30000100 30000100 30000100 30000100 30000100 30000100 ACCT 61151100 61151200 61151300 61151400 61151800 61151900 61152800 48063000 47010000 PROJ DR/CR DR DR DR CT) DR DR CR CR CR V ACCOUNT NAME LEOSE Constable Pct 1 LEOSE Constable Pct 2 LEOSE Constable Pct 3 LEOSE Constable Pct 4 LEOSE County Attorne LEOSE District Attome LEOSE Sheriff LEOSE Trainin Reserve Fund Balance Increase Decrease 830.63 587.79 1,224.19 670.30 381.39 3387.58 4,605.24 828.11 307.93 Law Enforcement Officers Standards and Education LEOSE Durin the bud et rocess the reserve funds at the fiscal year end as well as the estimated for the followin ear's allocation are estimated. The current ear's funds are not received until Febru and March 2006; therefore, this amendment is to adjust the bud et to the actual funds available. 8 )w BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 31.4 VOL D PAG€__j7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 31.5 5/9/2006 FD DIV ACCT PROJ DR 2500 41091200 /CR ACCOUNT NAME Increase Decrease 2500 28010000 60600000 CR Forfeiture - Constable Pct 2 413.25 2500 28010000 60500000 DR D Office Su lies 193.25 R Office E ui ment 220.00 S ecial Forfeiture Fund: To adjust the budget based o th l f n e acuta unds available. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06- 31.6 PERSONNEL CHAT, ^F OF STATUS REQUESTS Commissioner Court Date: May 9, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on 1 Department Submitting Employee Request Action Requested Request(s) Applies To Ag. Extension Koebernick, Cynthia Promotion Brazos Center Smith, Cal Termination County Attorney Knight, Wendy New Hire Kelch, Colby New Hire County Auditor See, Magdalen Completed Probation Road and Bridge Garcia, Edward New Hire Green, Bobby New Hire Garcia, Albert Promotion Villeda, Gregorio Promotion Weeks, Edward Promotion Chappell, Michael Promotion SO/Jail Nancarrow, Teresa Termination Swann, Keegan Resignation Cangelosi, David New Hire Davey, Cari Transfer within Dept. Approved in Commissioners' Court: May 9, 2( County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 8 ao 9i-~ BRAZOS COUNTY BRYAN, TEXAS RESOLUTION WHEREAS, the Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Brazos County Drug Court be operated for the 2007 Fiscal Year, September 1, 2606 - August 31, 2007; and WHEREAS, the Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Brazos County Commissioners Court designates Arlene Parchman, Brazos County Community Supervision and Corrections Department Director, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the Brazos County Commissioners Court approves submission of the grant application for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. Passed and approved this day of Co ssioner Lloyd Wasserman Precinct 1 Commission Lenny Mal d Precinct 3 'Randy Sims County Judge Commissioner Duane Peters Precinct 2 Grant Application Number: VOL 9 PAGE ~ ommissi er arey Cauley Jr. recinct 4 R Olutioa NO6000 Evercom Systems, Inc Inmate Calling Contract W MATE PAY TELEPHONE AGREEMENT This Inmate Pay Telephone Agreement (the "Agreement") is by and between Brazos County Texas. (the "Customer") acting by and through its duly elected Commissioner Court located at 300 East 26'" Street, Bryan, Texas and Evercom Systems, Inc. ("Evercom") located at 8201 Tristar Drive, Irving, Texas 75063. 1. Exclusive Riehts. The Customer, for and in consideration of the payment of the Commission (as hereinafter defined) and the services to be provided by Evercom, grants Evercom the exclusive right and license to install and maintain an inmate telecommunications system governing all inmate calls, including local and long distance haffic for collect calling and potentially debit calling, and inter-related hardware and software (collectively, the "Equipment") within all pre-existing and future jail and/or detention facilities of the Customer (collectively, the "Facility") and hereby licenses the Facility for that purpose, upon the terms and conditions set forth in this Agreement. The Customer agrees to make the Facility available to Evercom for complete installation and operation of the Equipment. 2. Compensation. In consideration of the exclusive right to install and operate the Equipment within the Facility, Evercom agrees to pay the Customer frfty two percent ( 52 of the actual gross billings from use of the Equipment calls by inmates within the Facility (the "Commission"). "Gross Billings" shall mean the total calls placed on or through the Inmate Telephone System, bille3at rates set forth in Schedule B Section 2 of the Evereom Response to RFP #2003-021 with no deduction or credit to Evercom for disconnects, expenses, allowances, bad debts, or billed calls not collected or which otherwise does not result in revenue to Evercom. The Commission shall be paid to the Customer on a monthly basis, as set forth in Section 3 below. Evercom will upgrade the three existing CAM Work Stations within 60 days of contract execution. Evercom also agrees to provide future software upgrades to the customer on a timely basis and at no charge to the customer. The Customer agrees that any current or future use of prepaid calling card services will be covered by a separate agreement between the parties 3. Payment and Accountin . Evercom agrees to pay the Customer the Commission on a monthly basis. The Commission shall be paid no later than thirty days following the month in which billings were generated from the Equipment during the Term (hereinafter defined) of this Agreement. All Commission payments shall be final and binding upon the Customer unless written objection thereto is received by Evercom within 60 days of mailing of the Commission payment to Customer by Evercom. Customer agrees to notify Evercom in writing if the Customer wishes the Commission to be remitted to an address that is different than the address on the first page of this Agreement 4. Maintenance and Repair. During the Term of this Agreement, Evercom will repair and maintain the Equipment in good operating condition, including without limitation, furnishing all parts and labor, and all such maintenance shall be conducted in a timely manner (usually within 24 hours). Such repair and maintenance shall be provided at Everson's sole cost and expense.Customer shall notify Evercom of damage requiring repair as soon as practicable after ascertaining the same. The Customer shall permit employees or contractors of Evercom reasonable access to the Facility in order to service, repair, and maintain the Equipment. 5. Liability Insurance. Evercom agrees to maintain comprehensive general liability insurance coverage having limits of not less than $1,000,000.00 in the aggregate. Evercom ® 201)3 Everoom systems, Inc. Pie 1 Revise 3/11/2003 8 . ;L2 Everoom Systems, Inc Inmate.Calling Contrad agrees to hold Customer harmless from any and all claims, causes of action, or demands arising out of or related to the utilization of the Equipment. The Customer agrees to provide Evercom with reasonable and timely notice of any such claim, demand, or cause of action. Evercom shall have the right to defend any such claim, demand, or cause of action at its sole cost and expense and within its sole and exclusive discretion. The Customer agrees not to compromise or settle any claim or cause of action arising out of or related to the utilization of the Equipment without the prior written consent of Evercom. 6. Term of Agreement. This Agreement shall be effective as of the date it is signed by both parties (the "Commencement Date") and shall remain in force and effect for 2 years from the Commencement Date (the "Initial Term"). If, because of strikes, riots, wars or for any other reason, business operations at the Facility shall be interrupted for periods of time other than as is customary for 'operations conducted at the Facility, the expiration of the Term of this Agreement shall be extended for a period of time equal to the period of such extraordinary interruption of business operations. 7. Default and Termination. Customer may terminate this Agreement on thirty (30) days prior written notice. In the event any governmental tariff or regulation prevents Evercom from providing-services, or such tariffs or regulations make continuation- of this Agreement impractical for economic reasons or otherwise, then Evercom, at its sole discretion, may terminate this Agreement without liability. In the event of a termination of this Agreement for any reason, the Customer agrees to allow Evercom access to the Facility in order to remove- the Equipment. Evercom agrees to remove the Equipment within thirty days after termination of this Agreement. 8. Liability, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EVERCOM SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF PROFITS OR INCOME, LOST OR CORRUPTED DATA, OR LOSS OF USE OR OTHER BENEFITS ARISING OUT OF OR IN ANY WAY RELATED TO ANY PRODUCT OR SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. ANY LIABILITY OF EVERCOM UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF COMMISSIONS OWED BY EVERCOM TO THE CUSTOMER. EVERCOM'S OBLIGATIONS UNDER THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED. EVERCOM MAKES NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OR WARRANTY OF NON-INFRINGEMENT WITH REGARD TO ANY PRODUCT OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. EVERCOM IS NOT RESPONSIBLE FOR ANY MANUFACTURER'S WARRANTIES. 9. Notices. Any notice or demand made by either party under the terms of this Agreement or under any statute shall be in writing and shall be given or made by mail, postage prepaid, addressed to the respective party as set forth in the introductory paragraph of this Agreement, or to such other address as a party may designate by written notice in compliance with this Section. 10. Rates. The rate for local collect calls from the Equipment shall be a flat fee of $4.25 without any per minute charge. The rate for long distance collect calls from the Equipment shall be composed of a set-up fee and a per minute charge based on the type of call (intealata, interlata or interstate), the time of day, and the calling distance as referenced in Evercom Response to RFP #2003-021 section 2, Schedule B. Evercom shall not modify the rates for ® 2003 Ever= Systems, Inc. Page 2 Revise 311112003 A t g ° a3 Evercum Systems, Inc Inmate Calling Contract collect calls unless the increase is in compliance with the P.U.C. filed rates and the Brazos County Commissioners Court approves the implementation and amount of the increase in writing. 11. Miscellaneous. A. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. B. No waiver by either party of any event of default under this Agreement shall operate as a waiver of any subsequent default under the terms of this Agreement. C. If any provision of this Agreement is held to be invalid or unenforceable, the validity or enforceability of the other provisions shall remain unaffected. D. This Agreement shall be binding upon and inure to the benefit of Evercom and the Customer and their respective successors and assigns. E. This Agreement may be executed in counterparts, each of which shall be fully effective as an original, and all of which together shall constitute one and the same instrument. F. This Agreement constitutes the entire Agreement of the parties and supersedes any prior or contemporaneous oral or written agreements (except for a contemporaneous written agreement regarding-prepaid calling cards, if any). - - G. This Agreement cannot be modified orally and can only be modified by a written instrument signed by all parties. H. Evercom, at its sole cost and expense shall secure the county, state, or federal licenses required for the provision of services contemplated by this Agreement. 1. The Customer acknowledges that the Equipment at all times remains the sole and exclusive property of Evercom. The Customer agrees that it shall not dispose of, reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or allow others to create the source code or structural framework of the Equipment. J. If Evercom is the first party to execute this Agreement, then the Customer shall have until 5:00 p.m. (Central Time) 90 days from the date set forth under Evercom's signature below, to execute and deliver this Agreement to Evercom. If the Customer has not executed and delivered this Agreement to Evercom within the 9o-day period, then the offer made by Evercom to enter into this Agreement shall terminate and be null and void after such time. Evercom may also terminate the offer made by this Agreement prior to the end of the 90day period by written notice to the Customer unless the. Customer has previously signed and delivered this Agreement to Evercom. K. In the event that Evercom, in its sole discretion, determines that the revenue generated by the Facility is insufficient to justify continued service, Evercom shall have the right to terminate this Agreement upon 30 days' prior written notice to the Customer. 0 2003 Evercom Systems, Revise M 1 003 Page 3 Evercom Systems, Inc Inmate Calling Contract L. If Evercom has paid a signing bonus to Customer and if this Agreement is terminated for any reason prior to the end of the Initial Term, then the Customer shall refund to Evercom an amount equal to the signing bonus times a fraction, the numerator of which is the number of months between the date of termination and the end of the Initial Term and the denominator is the number of months in the Initial Term. The Customer shall pay any such refund to Evercom within 10 days of any such termination, or at Evercom's election, Evercom may deduct the refund from any Commissions owed to the Customer. M. Evercom Response to RFP# 2003-021 dated December 20, 2002 ("Response") is incorporated herein by reference and made a part hereof for all purposes. In the event of a conflict in the terms and provisions of this Agreement and the Response, the terms and conditions of this Agreement shall control and be given priority. Each signatory to this Agreement warrants and represents that he or she has the unrestricted right and requisite authority to enter into and execute this Agreement, to bind his or her respective party, and to authorize the installation and operation of the Equipment. EXECUTED as of the date and year signed below: - Evercom Systems, Inc. By: N e: Jo r J. Vi la Ti ice President-Sales and Marketing Date: • ~ /-0 3 Customer Brazos Coun exa By: Name: Randy, ms Title: Judge Date: ® 2003 Evercom Systems, Inc. Page 4 Revise 3/11/2003 !'O _8-_ PACE. a5 April 2003 Wayne Dickey Brazos County Jail 300 East 2e Street Bryan, Texas 77803 Re: Evercom Prepaid Calling Card Letter of Agreement Dear Chief Dickey, The purpose of this Letter of Agreement (LOA) is to confirm our mutual agreement to supplement the services provided by the Inmate Pay Telephone Agreement dated April 2003, through the addition of debit based calling services. Your signature below signifies your agreement to the following terms and conditions: • In consideration of the exclusive right to provide debit calling services for the facility (debit calling services defined as any advance paid calling program, facility or non-facility based), Evercom shall provide Customer with Prepaid Calling Cards or accounts at a rate for domestic calls of fifty cents ($.50) per minute at a discount of 30% (i.e., $14.00 charge will apply to a $20.00 card). International rates will vary. A quarterly bonus equal to 15% of the quarterly debit card purchases will be given to the Sheriffs Office. • This LOA has no foxed term and may be cancelled at any time by either party. This provision concerning the Term of this LOA will have no impact or bearing on the Term of the Inmate Pay Telephone Agreement itself. • Customer agrees to pay Everoom based on the following terms: o Everoom will invoice the cost of debit calling cards minus the discount on a monthly basis. Payment is required within thirty days of receipt of invoice. Thank you for choosing Everoom to provide you with all of your Inmate telecommunication services. If you have any questions at all, please do not hesitate to contact Gene Stinnett at 877-306-1080. If for some reason you are unable to n me and have questions regarding our prepaid DeW ya Ba burg, Evercom Prepaid Product Manager, a 800-947-0899 ext 8products, please contact We. look forward to continuing to provide innovative solutions to your inmate communication needs I agree to the terns and conditions stated above. Evercom ms, t c. Brazos County T Signat Cam Signature: Nam : JO ) O L/1, ~ Name Wayne Dicky Trtle• ✓ `+~"~1 Title: Jail Administrator Date: '1 a / 0 3 Date: 4-23-03 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: May 9. 2006 ITEM: Request from Wir Irene P. i, a---:_i i SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. -AII installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so-and to remove all cleared brush, trees etc. from county right-of-way.- 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUYard:~F. BY: AP VE Ric ance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 0006-033 This Request is Approved V1 Denied 0 by Commissioners' Date: 5/eNG/~~/_ /J y oners Court SiTs , County Judge 3 _7 r_ REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) waterline within- across x the right-of-way of (road) 6701 oTn axtTnxne Ron in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the (County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than tw§nty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the10tigay of May 2006 . Firm: Wic on Creek Special Utility District By: ~d Title; General Manager Address: B. o. Box 4756 Bryan, TeMas 87805 Phone: 979-589-3030 O~ ~AI'~ f}✓"no ~G~ APPROVED BY COMMISSIONERS' ~~7~3IW `c O N •c > > o U a O o N OT CL o a ~ DL ~~~,m CCC O C C O L ~ J J~ U O 9 U r: S r< JD N W ~ J d OTC N i O Uh ao 0 O N 3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May 9, 2006 ITEM: 15 road (C6 Ranch Rd) for the health, safety and welfare of the general public Site is SOURCE OF FUNDS: N/A PRESENTATION: Site will be maintained as necessary for continuation of adequate drainage. SUBMITTED BY: Z4 ~ Richard F. Vance, P.E. County Engineer CCO6-034 This Request Date: -15-. Randy APPROVED BY: Commissioner E. Duane Peters Precinct 2 or) Denied by Commissioners Court Judge i~ NJ 9 t ~,t r N U~ y - Jypti TY. nt, NP BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sins Brazos Comly Judge Lloyd Wasserman Conrrissioner Pct i Wane Peters ComNssimer Pet 2 Kenny Mallard Commissioner Pcl 3 Carey Ceuley Commissioner Pet 6 DATE: 1. LAND OWNER AND ADDRESS: P4-1,X1 ej;1- DlGt"5 / W 6-3 lliw~ oeA® _Q~iCti J , 77808 It. LOCATION OF WORK: III. DESCRIPTION OF WORK TO BE DONE: 0 nd.( but ra iL .PAA.i„l I&A-Wbf )~;Wo_ 2 - /640` CL4 I- VEIL T5 11A16[ L'lo-&W # /~D ' IV. MAINTENANCE YES V NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: A5 /YerL! &91 (Owner will be notified prior to maintenance.) Richard F. Vance, P.E. Engin r Aid oreman fight of Way Agent County Engineer Owner's Signature: c Date: S- Z - O G t!4 C. 8 K(A ol~